Task 1
a.)
A tort is defined as something that is twisted or crooked and is not straight.
There are some basic elements that most torts consist of. They include:
There must be an act or omission by the defendant, or in other words, something they have done to failed to do.
The claimant must have been caused harm, and the harm must be a type of a harm that the law protects against.
It must be possible to prove that the defendant’s action or omission is the cause of the harm.
The defendant must carry fault of some kind.
Torts are based on rights. The principle here is that the law gives various rights to persons. There are many different kinds that persons have, some examples include the right of person in possession of land to occupy …show more content…
The first kind of tort is trespassing, and it is one of the oldest kinds of torts. Trespassing comes in three forms.
Trespass to the person which includes battery, assault and false imprisonment.
Trespass to land which includes unlawful interference with the possession of someone’s land. Trespass to land can involve many different factors.
In a tort of trespass to land damage does not need to be proved because the interference itself is reason enough to establish …show more content…
An occupier is the person that is in control of the premises . Ownership of the premises is not sufficient to constitute occupancy.
One case example of occupiers liability is a case where the owner of a premises hires the services of a repairman to fix the electrical wiring on the outside of their house. However the owner had a party on his property and broke some glasses. The repairman stepped on one of these broken glass pieces that the owner had failed to clean up. Therefore the owner has the occupiers liability and is liable for the injuries suffered by the repairman on his own property. The owner did not take reasonable care to provide for the safety of the repairman for the purpose that the repairman has entered his property for.
Another kind of tort is nuisance torts. There are two different kinds of nuisance torts, private and public nuisance. For private nuisance the idea is that there is interference for the claimant for enjoying their property. Public nuisance on the other hand does not require an “invasion” of public land but rather the annoyance of the general
a.)
A tort is defined as something that is twisted or crooked and is not straight.
There are some basic elements that most torts consist of. They include:
There must be an act or omission by the defendant, or in other words, something they have done to failed to do.
The claimant must have been caused harm, and the harm must be a type of a harm that the law protects against.
It must be possible to prove that the defendant’s action or omission is the cause of the harm.
The defendant must carry fault of some kind.
Torts are based on rights. The principle here is that the law gives various rights to persons. There are many different kinds that persons have, some examples include the right of person in possession of land to occupy …show more content…
The first kind of tort is trespassing, and it is one of the oldest kinds of torts. Trespassing comes in three forms.
Trespass to the person which includes battery, assault and false imprisonment.
Trespass to land which includes unlawful interference with the possession of someone’s land. Trespass to land can involve many different factors.
In a tort of trespass to land damage does not need to be proved because the interference itself is reason enough to establish …show more content…
An occupier is the person that is in control of the premises . Ownership of the premises is not sufficient to constitute occupancy.
One case example of occupiers liability is a case where the owner of a premises hires the services of a repairman to fix the electrical wiring on the outside of their house. However the owner had a party on his property and broke some glasses. The repairman stepped on one of these broken glass pieces that the owner had failed to clean up. Therefore the owner has the occupiers liability and is liable for the injuries suffered by the repairman on his own property. The owner did not take reasonable care to provide for the safety of the repairman for the purpose that the repairman has entered his property for.
Another kind of tort is nuisance torts. There are two different kinds of nuisance torts, private and public nuisance. For private nuisance the idea is that there is interference for the claimant for enjoying their property. Public nuisance on the other hand does not require an “invasion” of public land but rather the annoyance of the general